Decision to Refer at Legislation and Judiciary Committee Plenary Session
Ruling Party Also Agrees for Now Despite Opposing the Bills
The so-called 'Constitutional Court Justice Term Extension Act (Amendment to the Constitutional Court Act)' promoted by the Democratic Party of Korea was referred to the Legislation and Judiciary Committee's Subcommittee on Bill Examination on the 31st.
The National Assembly's Legislation and Judiciary Committee held a plenary meeting at 2 p.m. that day and decided by bipartisan agreement to refer two proposed amendments to the Constitutional Court Act, each introduced by Representatives Kim Yong-min and Lee Seong-yoon, to the bill subcommittee. The bill subcommittee held a meeting starting at 4:30 p.m. to discuss the bills.
On the 31st, a bill to amend the Constitutional Court Act, including provisions to automatically extend the term of a Constitutional Court justice whose successor has not been appointed, is being submitted at the plenary meeting of the National Assembly's Legislation and Judiciary Committee. Yonhap News
The two Constitutional Court Act amendments referred to the subcommittee were respectively introduced by Democratic Party Representatives Lee Seong-yoon and Kim Yong-min.
The amendment introduced by Representative Lee requires the president to appoint justices elected or nominated by the National Assembly and the Supreme Court within seven days; if not, the appointment is deemed to have been made. It also includes provisions for justices to continue performing their duties until successors are appointed after their terms expire or they reach retirement age.
This is a measure responding to Acting President and Prime Minister Han Deok-soo and Acting Deputy Prime Minister for Economy Choi Sang-mok not appointing Ma Eun-hyuk as a Constitutional Court justice candidate despite their acting presidential status. It aims to prepare for the possibility that the Constitutional Court's impeachment trial against President Yoon will not conclude before the terms of Acting Chief Justice Moon Hyung-bae and Justice Lee Mi-seon expire on the 18th of next month.
The amendment introduced by Representative Kim stipulates that when the presidency is vacant or the president is incapacitated or suspended from duty, the acting president may not exercise appointment powers except to appoint three Constitutional Court justices elected by the National Assembly and three justices nominated by the Chief Justice of the Supreme Court.
People Power Party members strongly opposed the submission of these bills. Representative Joo Jin-woo said, "In a way, this bill is like changing the rules after the game is over," and Representative Park Jun-tae pointed out, "Arbitrarily changing the term of Constitutional Court justices as stated in the Constitution is not much different from the logic that the presidential term stated in the Constitution can be arbitrarily shortened or extended."
However, the ruling party agreed to refer the bills to the bill subcommittee that day, despite opposing the content of the bills.
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